Web Hosting from MicroMac Terms & Conditions |
 |
The Services We Provide
In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process. For clarity, on this page, the term "Services" refers to the web hosting and other services that we will provide to you. The terms “You”, “customer” or “User” means you, the customer and any other user of our services; the terms "MicroMac" or "us" or "we" refers to MicroMac Techno Valley Ltd.
Permission to Host Your Content
For us to host your website, it is necessary for you to upload a copy of your content to our servers. When you do this uploading, you are creating one or more copies of your content, website, web files and other data on our system. By purchasing hosting or other services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website, and for keeping back-up copies of those items. Please note that even though you upload a copy of your content to our servers, you must always retain a back-up copy of your content, data bases and other web-files, as in effect from time to time, so you can reload them in the event of any technical issues, such as server problems, technical or system related issues, loss of that content from our servers etc.
Personal Information
When you place an order for our services, your personal information is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. We take your privacy very seriously, and as such, will not sell your personal information to third party, and will take reasonable steps to keep it from being disclosed to any third party. You consent to be called by a representative of MicroMac Techno Valley Ltd. at the telephone number above and/or emailed important information about MicroMac products and services.
Backups
We encourage you to perform your own backups on a periodic basis or sign up for our daily backup service.
Because the services permit users to electronically transmit or upload content directly to the user website, user shall be fully responsible for uploading all content to the user website and supplementing, modifying and updating the user website, including all back-ups.
MicroMac shall not be responsible for any damages to the user content, the user website or other damages or any malfunctions or service interruptions caused by any failure of the user content or any aspect of the user website.
User is solely responsible for making back-up copies of the user website and user content.
MicroMac does not maintain backup copies of any user content or materials, including without limitation any user websites, databases, web files, or e-mail or other user data or information, or other content or materials. MicroMac cannot guarantee that the contents of a website will never be deleted or corrupted, or that a back-up of a website will always be available. Users should always keep up-to-date copies of all such materials and content to a local computer and MicroMac strongly suggest that users regularly make additional copies (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of such files, content or materials.
Acceptable Use/Illegal Activity
MicroMac strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:
Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.
Hosting of files or other data that infringes on another's copyright or other intellectual property rights.
Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
Uploading or linking to any content that violates another's right of publicity or privacy.
Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.
Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
Hosting large amounts of data not specifically tied ("linked") to your hosting account. MicroMac encourages users looking for file storage/backup solutions to seek other services that specialize in this.
Hosting any material that, in our judgment, could be considered adult content, threatening, illegal, or violates our terms of service in any manner.
Content
All services provided by MicroMac may only be used for lawful purposes. The customer agrees to indemnify and hold harmless MicroMac from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account.
Examples of unacceptable material on all Shared servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
Offering video and/or audio streaming or downloads, MP3 Files, Games and shareware is also not permitted on any MicroMac server.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Please read our generalized mail policy. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. MicroMac reserves the right to require changes or disable as necessary any website, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. MicroMac reserves the right in its discretion to charge the holder of the account used to send any unsolicited e-mail a clean up fee.
Unlimited Bandwidth, Disk Usage, Email and FTP accounts and other Unlimited Resources
MicroMac provides users with bandwidth, disk space and other resources, such as e-mail, mysql databases, and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in MicroMac's webpage describing the package of services purchased at the time of purchase. In some cases, MicroMac may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as "Unlimited". In all cases, the services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. MicroMac reserves the right to suspend, discontinue or delete the accounts of users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the user's plan. User agrees that such usage shall not exceed the amounts set by MicroMac for the services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by MicroMac as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User's active electronic mail services related solely to User's web hosting account(s) with MicroMac.
Hosting space is intended for normal use only, and is limited to web files, active e-mail and content of the hosted websites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
MicroMac may monitor user's use of bandwidth, disk usage and other resources. MicroMac, in its sole discretion, shall have the right to take any corrective action if user's utilization of bandwidth, disk usage or other resources exceeds the agreed usage, or normal usage by our typical shared hosting customer, resource usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, removal or deletion of user's website, user content, user's electronic mail and e-mail services and/or other materials and services or termination the user's account and of this agreement, which actions may be taken in MicroMac's sole and absolute discretion.
Resource Usage
User may not:
Use 10% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
Participate in any file-sharing/peer-to-peer activities.
Run any gaming servers such as counter-strike, half-life, battlefield1942 etc.
Run cron entries with intervals of less than 10 minutes.
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php").\
While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 5% of the server resources and/or 5% of the server's CPU. This means that if your website is found to be utilizing more than 5% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can upgrade your hosting package. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
INODES
The use of more than 10,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 10,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
When the Services will be Available
We will attempt to provide the services From Sunday to Thursday (10:00AM – 06:00PM). Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.
Joining MicroMac
Please note that special offers are limited-time promotional prices that are available only to new customers and are valid for the initial term only.
By renewing or using your services and products you further agree to all of MicroMac's Terms of Services and any renewal prices.
If more than 7 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account, which means that your data, files and website will become in-active and cannot be accessed. If in the following 7 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again immediately.
If, however, 7 days pass from the date on which your account is suspended and you have not made payment in full, MicroMac shall have the right to delete all data you have uploaded to the servers. To summarize, if you get 14 days behind in making payments, your data will be deleted. You hereby acknowledge that this is MicroMac's policy when it comes to data retention, and waive all rights in and to your data in these situations.
Invoices for renewals will be issued and charged up to 10 days in advance to ensure that we receive cleared funds for the continued hosting service and domain renewal.
These Terms of Service May Change
Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and they will take effect when posted; your continued use of the service means you accept the changes we have made.